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Resolutions of Iftaa' Board

Resolution No.(103): “Sharia Ruling on Investing the Waqf Funds“

Date Added : 28-10-2015

 

Resolution No.(103) by the Board of Iftaa`, Research and Islamic Studies:

 "Sharia Ruling on Investing the Waqf Funds"

Date: 5/4/1427 AH, corresponding to 3/5/2006.

 

Question:

 

Awqaf Funds Development Foundation has the amount of (1.700.000) JDs as Waqf revenues of past years, and  wishes to make it a monetary Waqf to be invested and its revenues to be spent for charity. What is the ruling of Sharia in this regard?

Answer:

After extensive researching and deliberation, the Board decided that since the above sum is the yield of past years,  it is difficult to know the terms which were set by its Waqifeen (endowers) in order to spend it  accordingly, as Sharia obligates in such case. The religious interest dictates non-freezing of such funds because the terms of their endowers aren`t known; therefore, it is permissible to regard them as a monetary Waqf (endowment) to be developed and invested by the above Foundation in all that is lawful. This in order for the yield to be spent in different charitable channels, provided that the terms set by the endowers are met as much as possible since the condition of the endower is tantamount to the provisions of the Law-Giver. Moreover, since the above Foundation functions as the trustee of the Waqf, then it is permissible for it to allocate a certain amount from these returns to cover the expenses and wages of its employees, but within reasonable limits along with maintaining the original capital.

This is based on the following Hadith :"Concerning the Waqf of 'Umar: It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn 'Umar was the manager of the trust of 'Umar and he used to give presents from it to those with whom he used to stay at Mecca." {Bukhari}. And Allah Knows Best.

 

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel

Dr. AbdulMajeed Al-Salaheen

Dr. Abdukareem Al-Khasawneh

Dr. Yousef Ghyzaan

Dr. Wasif Al-Bakhri

Sheikh Sae`id Hijjawi

Sheikh Nae`im Mujahid

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Summarized Fatawaa

What is the virtue of performing ‘Umrah in Ramadan?

Ibn ‘Abbas narrated: "When the Prophet ﷺ returned from his Hajj, he said to Umm Sinan Al-Ansariyyah: ‘What prevented you from performing Hajj?’ She replied: ‘Abu So-and-so (referring to her husband) had two camels—he performed Hajj on one of them, and the other was used to irrigate our land.’ The Prophet ﷺ then said: ‘Performing ‘Umrah in Ramadan is equivalent to Hajj with me.’" [Narrated by Al-Bukhari]
The Prophet ﷺ also said: "An ‘Umrah in Ramadan is equivalent to a Hajj." [Narrated by Al-Tirmidhi]
For those who miss the opportunity to perform ‘Umrah in Ramadan, there are many other ways to earn great rewards. One of them is praying Fajr in congregation, then remaining in the mosque remembering Allah until sunrise, and praying two rak‘ahs.
The Prophet ﷺ said: "Whoever prays Fajr in congregation, then sits remembering Allah until the sun rises, and then prays two rak‘ahs, will receive the reward of a complete Hajj and ‘Umrah—complete, complete, complete." [Narrated by Al-Tirmidhi]

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

What is the ruling on delaying Zakat al-Fitr until after Eid day?

It is forbidden to delay Zakat al-Fitr beyond the sunset of Eid day. If someone delays it past Eid day without a valid excuse, they have committed a sin and must immediately make up for it because their obligation remains unfulfilled, and they must clear their responsibility.

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